A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Detailed Presentation on General Defences under Law of Torts
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
Detailed Presentation on General Defences under Law of Torts
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
E DIGEST U/S 279, 337, 338,304 A, 304 II of India penal codesArjunRandhir2
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Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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1. NEGLIGENCE Under Torts
Dr. Sonali J Gaikwad
Assistant Professor
DGB Dayanand Law College, Solapur
B.A,LL.M, NET, SET, Ph.D.
2. NEGLIGENCE
Negligence is one of the most common tort. In everyday usage, the word
‘negligence’ denotes mere carelessness.
The term Negligence is derived from the Latin word negligentia, which means
‘failing to pick up’. In the general sense, the term negligence means the act of
being careless.
In legal sense it signifies failure to exercise standard of care which the doer as a
reasonable man should have exercised in the particular circumstances.
3. Meaning of Negligence
Negligence as an independent tort. In this sense it means a conduct
which causes damage without anything in mind. Thus it is a conduct
rather than a state of mind.
“Negligence as a mode of committing certain torts, is that, negligently
or carelessly committing trespass or defamation. in this context it
denotes the mental element.”
4. Definitions of Negligence
According to Winfield and Jolowicz “Negligence is the breach of a
legal duty to take care which results in damage, undesired by the
defendant to the plaintiff.”
Lord Wright states that “Negligence means more than headless or
careless conduct, whether in commission or omission; it properly
connotes the complex concept of duty, breach, and damage thereby
suffered by the person to whom the duty was owed.”
Clark and Lindsell in their book on tort says, “Negligence is the omission
to take such care as under the circumstances it is the legal duty of a person
to take. It is in no sense a positive idea and has nothing to do with a state
of mind.”
5. Essential of Negligence
In action for negligence the plaintiff has to prove
three essentials to prove the liability of the
defendant:
1. A legal duty to take care
2. Beach of the said duty
3. Damage to the plaintiff as a result of breach of
duty
6. A legal duty to take care
It is one of the essential conditions of negligence in order to make the person liable.
It means that every person owes, a duty of care, to another person while performing an act.
The plaintiff has to prove that the defendant owed duty of care to him. That duty must be a
legal duty. A mere moral, religious or social duty is not considered in the law of negligence
Case Laws in which Duty of Care was applied:
1. Stansbele vs Troman (1948)
2. Donoghue vs Stevenson (1932)
3. Municipal Board, Jaunpur vs Brahm Kishor (1978)
4. Union of India vs Supriya Ghosh
7. A legal duty to take care (Medical Services)
The law requires a fair and reasonable standard of care and competency to by doctor towards
his profession.
In the case of Specialists a higher degree of skill and care is required
Relevant Case Laws:
In P. Narsingha Rao vs G Jayaprakasu (1989)
Joseph vs Jorge Munzela (1994)
8. A legal duty to take care (Legal Services)
No legal practitioner who has acted or has agreed to act shall, by reason only of being a legal
practitioner be exempted from liability to be sued in respect of any loss or injury due to any
negligence in the conduct of his professional duties.
While expounding the Indian law on the subject, the Supreme Court has sought reliance on
several English judgments delivered by the House of Lords in England.
Relevant Case Laws:
Rondel v. Worsley (1976)
M. Veerappa v. Evelyn Sequira (1988)
9. Breach of duty of care
Breach of duty means non observance of due care which is required in particular
situation. What standard of care is required? It is that of a reasonable man or an
ordinary prudent man. For this following things are considered
1. Importance of the object to be attained,
2. The magnitude of the risk,
3. The amount of consideration for which services etc. are offered
10. Breach of duty of care
Relevant Case Laws:
Municipal Corporation of Delhi v. Subhagvanti (AIR 1966)
Nirmala Thirunavakkarasu vs Tamil Nadu Electricity Board (1984)
Ramesh Kumar Nayak vs Union of India(1994)
State of Jammu and Kashmir vs Altaf Ahmad Gani ( 2004)
M.P.S.E.B vs Jasbeer Singh ( 2004)
11. Damage
The last essential requisite for the tort of negligence is that the
damage caused to the plaintiff was the result of the breach of the duty.
In an action for negligence the plaintiff must prove not merely that the
defendant was negligent but also that there was actual damage and
that the damage resulted to him in consequences of negligent act
which was the direct and proximate cause of the damage.
Thus, if the injury is not the direct and immediate consequences of the
negligent act but is remote, the defendant will not be liable.
12. Defences of Negligence
1. Contributory negligence
2. Vis Major
3. Inevitable Accident
13. 1. Contributory negligence
Contributory negligence in common-law jurisdictions is mostly a defence to a claim based on
negligence.
When the plaintiff by his own want of care contributes to the damage caused by the
negligence or wrongful conduct of the defendant, he is considered to be guilty of contributory
negligence.
This is a defence in which the defendant has to prove that the plaintiff failed to take
reasonable care of his own safety and that was a contributing factor to the harm ultimately
suffered by the plaintiff.
Relevant Case Law:
Butterfield v. Forrester (1809)
Harris vs Toronto Transit Commission (1968)
Yoginder Paul Chowdhury vs Durgadas (1972)
14. 2. Vis Major
Act of God is such a direct, violent, sudden, and irresistible act of nature as could not, by
any amount to human foresight have been foreseen or, if foreseen, could not by any amount
of human care and skill, have been resisted.
Thus, such acts as are occasioned by the elementary forces of nature, unconnected with the
agency of men or other causes will come under the category of acts of God, for example,
storm, tempest, lightning, extraordinary fall of rain, extraordinary high tides, extraordinary
severe frost, etc.
Relevant Case Law:
Blyth v. Birmingham Water Works Co (1856)
Nichols v. Marshland (1876)
15. 3. Inevitable Accident
An inevitable accident is one which could not have been possibly been avoided by the
exercise of due care and caution.
Charlesworth on Negligence, 4th Edn, in paragraph 1183 describes an ‘inevitable accident’ as
follows:–
“There is no inevitable accident unless the defendant can prove that something happened over
which he had no control and the effect of which could not have been avoided by the exercise
of care and skill.’
Relevant Case Law:
Brown vs Kendall (1850)
Stanley vs Powell (1891)
Fardon vs Harcourt (1932)
National Coal Board vs Evans (1951)